# EUR-Lex - 52013PC0133 - EN

*|*

# 52013PC0133

**Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework for maritime spatial planning and integrated coastal management /* COM/2013/0133 final - 2013/0074 (COD) */**

			*

			*

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1.        General Context

The European Union has set itself the
objective to become a smart, sustainable and inclusive economy by 2020. Maritime
sectors offer areas for innovation, sustainable growth and employment which
should contribute to this objective. In October 2012, European Ministers for
Maritime affairs adopted the "Limassol Declaration" to back the
Europe 2020 Strategy[1]
with a strong maritime pillar. As the Commission identified in the
Communication on Blue Growth, Opportunities for Marine and Maritime Sustainable
Growth[2],
the present legislative proposal is an essential part of this ambition to
develop Europe's Blue Economy.

However, increased use of coastal and maritime
areas as well as climate change effects, natural hazards, erosion, also put
pressure on coastal and marine resources. They require integrated and coherent
management to secure sustainable growth and preserve coastal and marine
ecosystems for future generations.

Maritime spatial planning is commonly
understood as a public process for analysing and planning the spatial and
temporal distribution of human activities in sea areas to achieve economic,
environmental and social objectives. The ultimate aim of maritime spatial planning
is to draw up plans to identify the utilisation of maritime space for different
sea uses. In 2008 the Commission published its ‘Roadmap for Maritime Spatial
Planning: Achieving Common Principles in the EU’[3],
followed by a 2010 Communication ‘Maritime Spatial Planning in the EU —
Achievements and Future Development’[4],
which paved the way for the present proposal.

Integrated coastal management is a tool for
the integrated management of all policy processes affecting the coastal zone,
addressing land-sea interactions of coastal activities in a coordinated way
with a view to ensuring the sustainable development of coastal and marine areas.
It ensures that management or development decisions are taken coherently across
sectors. A 2002 Recommendation on Integrated Coastal Zone Management defines
the principles of sound coastal planning and management and how to best
implement them. The EU is also a contracting party to the Barcelona Convention,
which established a Protocol on Integrated coastal management that entered into
force in March 2011. This Protocol makes integrated coastal management
compulsory for Member States bordering the Mediterranean Sea.

Maritime spatial planning and integrated
coastal management are complementary tools. Their geographical scope overlaps
in the coastal and territorial waters of Member States, where maritime spatial
plans will map existing human activities and identify their most effective
future spatial development, while integrated coastal management strategies
ensure the integrated management of these human activities. Applied jointly,
they both improve sea-land interface planning and management.

1.2.        Grounds for and objectives
of the proposal

The main purpose of the proposed directive
is to promote the sustainable growth of maritime and coastal activities and the
sustainable use of coastal and marine resources by establishing a framework for
the effective implementation of maritime spatial planning in EU waters and integrated
coastal management in the coastal areas of Member States.

The increasing and uncoordinated use of
coastal and maritime areas results in competition for maritime and coastal space
and inefficient and unsustainable use of marine and coastal resources.
Uncertainties and lack of predictability on appropriate access to the maritime
space has created a suboptimal business climate for investors, with potential
job losses.

Ensuring the optimal distribution of
maritime space among relevant stakeholders and the coordinated management of
coastal zones is essential to enable concurrent activities to achieve their full
potential. It has been shown to lower exploratory research, transaction,
administrative and operating costs and to increase legal certainty particularly
for SME's.

To ensure the sustainability and
environmental health of these various uses, maritime spatial planning and integrated
coastal management will have to employ an ecosystem-based approach that ensures
the protection of the natural resources that provide the basis for carrying out
the various activities.

The proposed action therefore is not
sector-specific, but covers all policy areas of the Treaty on the Functioning
of the European Union (TFEU) with an impact on coasts, seas and oceans. It
supports on-going implementation of sea-related policies in Member States through
more efficient coordination and increased transparency. Maritime spatial plans and integrated coastal management strategies
can also, at an early stage, improve the articulation of and reduce conflicts
between economic objectives and environmental legislation.

The operational objectives of the Directive
are procedural in nature. Member States will be required to develop and
implement coherent processes to plan human uses of maritime space and to ensure
the sustainable management of coastal areas, and to establish appropriate
cross-border cooperation among them. A key added value of the proposal is
support for land-sea connectivity by requiring coherence between maritime spatial
planning and integrated coastal management.

Planning details and the determination of
management objectives are left to Member States. The EU will not take part in
these processes. The proposal does not interfere with Member States’
prerogatives for town and country planning (terrestrial planning).

1.3.        Consistency with other policies

European legislators have adopted ambitious
policy initiatives relevant for the oceans, seas and coasts, to be implemented
in the next 10 to 20 years. These initiatives include the Marine Strategy
Framework Directive[5],
the Renewable Energy Directive[6],
and the Motorways of the Sea initiative[7] and the Habitats Directive[8]. The EU is expected to adopt a reformed Common Fisheries Policy and,
under the new financial perspectives, revised structural funds (the Common Strategic
Framework) in 2013. The main aim of this proposal is to facilitate the coherent
and sustainable implementation of these initiatives through an integrated
process or processes. The present proposal does not change or modify the acquis
for any policy area under the TFEU.

In particular, there are opportunities for
the Member States to improve effective implementation and reduce administrative
burden when implementing maritime spatial plans and integrated coastal
management strategies by applying the acquis in an integrated way.

The assessment of environmental effects of maritime
spatial plans and integrated coastal management strategies must be carried out
in accordance with the provisions of Directive 2001/42/EC.[9] Such a strategic environmental
assessment will ensure a holistic consideration of the
impacts, including cumulative ones, from the various human activities at an
early stage and therefor facilitate the implementation of future projects. If subsequently environment impact assessments become necessary for
individual projects, the specific assessment will be able to draw on the
analyses already carried out under the strategic environmental planning and
therefor avoiding duplication of assessments and related administrative burden.

2.           RESULTS OF CONSULTATIONS
WITH INTERESTED PARTIES AND IMPACT ASSESSMENT

2.1.        Public consultation

The European Commission organised a public
consultation from March until May 2011 to gather input from stakeholders on the
status and future of maritime spatial planning and integrated coastal
management in the European Union.

The results confirmed that conflicts in the
use of sea space are becoming more frequent, and supported a common approach
for implementing maritime spatial planning in EU waters, bearing in mind the
particularities of each region. Ensuring the appropriate coordination of MSP
processes with integrated coastal management strategies was considered
important. While EU action on cross-border issues was seen as particularly
useful, there was no clear answer as to the best choice of instrument.

2.2.        Impact assessment

The Impact Assessment (IA) assessed the
effectiveness and the economic, environmental and social impacts of the
following three options: (1) guidance and development of best practice, (2) non-binding
measures, and (3) legally binding measures, including a ‘framework-type’
Directive or Regulation.

The IA concluded that even though
non-binding options offer some advantages, a legally binding approach by means
of a Directive is the most appropriate instrument which can ensure predictability,
stability, and transparency of maritime spatial planning and integrated coastal
management, while safeguarding proportionality and subsidiarity by leaving the
flexibility for implementation to Member State and not interfering with Member
State competences. A Directive is also the most appropriate option to guarantee
that timelines for implementation are coherent with the timeframes of other
relevant EU legislation and policy initiatives (e.g. Renewable Energy
Directive, Marine Strategy Framework Directive, Europe 2020 targets, etc.) and
to foster growth of economic activities at sea in a context of increased
competition for space.

The IA Board delivered its final opinion on
the impact assessment on 30 April 2012. The Impact Assessment Report and an
Executive Summary are published with the present proposal along with the
opinion of the Impact Assessment Board.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

3.1.        Summary of the proposed action

The proposal establishes a framework for maritime
spatial planning and integrated coastal management in the form of a systematic,
coordinated, inclusive and trans-boundary approach to integrated maritime
governance. It obliges Member States to carry out maritime spatial planning and
integrated coastal management in accordance with national and international
law. The aim of the action is for Member States to establish a process or
processes that cover the full cycle of problem identification, information
collection, planning, decision-making, management, monitoring of implementation,
and stakeholder participation.

The maritime spatial plans and integrated
coastal management strategies will not set new sectorial policy targets. They have
the purpose to reflect, integrate and link the objectives defined by national
or regional sectorial policies, to identify steps to prevent or alleviate conflicts
between different sectors and to contribute to the achievement of the Union's
objectives in marine and coastal related sectorial policies. Most importantly,
the proposal requires Member State action to aim for coherence of management
across sea basins, through trans-boundary cooperation in the same marine region
or sub-region and related coastal zone and appropriate data collection and
exchange.

Implementing acts will ensure consistent
implementation of the Directive throughout the EU and facilitate reporting from
the Member States to the Commission and, where relevant, the exchange of data
between Member States and with the Commission.

3.2.        Legal basis

The proposal supports the implementation of
the EU’s Integrated Maritime Policy (IMP), including the Marine Strategy
Framework Directive as its environmental pillar. The objective of the IMP is to
ensure that the sectoral policies of the Treaty on the Functioning of the
European Union (TFEU) that have a bearing on the maritime space are implemented
in a coherent way so as to achieve multiple concurrent objectives of an economic,
social and environmental nature.

The proposal is based on Articles 43(2),
100(2), 192(1) and 194(2) TFEU. Activities covered by these policies compete
for maritime space and the use of coastal resources. The processes to be set up
should aim to ensure that the activities envisaged in each sector can be
implemented without detriment to one other so as to achieve their individual
aims while jointly contributing to the sustainable growth of maritime and
coastal economies and the sustainable use of marine and coastal resources.

3.3.        Subsidiarity principle and
added value

The proposal is in conformity with the
subsidiarity principle set out in Article 5 of the Treaty on European Union
(TEU). Issues such as the choice of actual developments, location of
investment, priority setting and determining solutions are a matter for
national or local decision-making. The planning process as such should be
carried out by authorities in the Member States in accordance with their
national governance and constitutional structures, national sectorial policy
priorities and, to the greatest possible extent, build on existing mechanisms
and policies.

EU Action is of added value to (1) ensure
and streamline Member State action on maritime spatial planning and integrated
coastal management to guarantee consistent and coherent implementation across
the EU and to (2). ensure a framework for co-operation between Member States on
maritime spatial planning and integrated coastal management that share marine
regions and sub-regions Cross-border co-operation on maritime spatial planning
and integrated coastal management in EU marine regions and sub-regions is
essential as marine ecosystems, fishing grounds, marine protected areas as well
as maritime infrastructures, such as cables, pipelines, shipping lanes, oil,
gas and wind installations, etc. run across national borders.

3.4.        Proportionality principle

The proposal is in conformity with the
proportionality principle set out in Article 5(4) TEU.

The proposal is limited to obliging Member
States to set up or maintain a process or processes for maritime spatial planning
and integrated coastal management. It establishes a set of minimum requirements
for these processes, building on existing experience in Member States and enabling
their incorporation and continuation under a common EU framework.

Reporting requirements are kept to a
minimum necessary to assess its implementation. The Commission will ensure that
maximum use will be made of existing reporting requirements. The Commission will use the information reported by the Member
States and any other relevant information available through EU legislation
including Article 19(3) of Directive 2008/56/EC, to inform the European
Parliament and the Council on progress made in implementing this Directive.

In accordance with the Joint Political
Declaration between Member States and the Commission on explanatory documents[10], the Commission has examined
whether explanatory documents will be necessary to carry out its task of
overseeing the transposition of this Directive. It has hereby given due
consideration to the nature of the Directive, the proportionality principle and
possible additional administrative burden. In view of the limited number of
legal obligations in this Directive, the Commission considers that it would
have no difficulty in overseeing the correct transposition of this Directive.
The Commission does therefore not request Member States to accompany the
notification of their transposition measures with documents explaining the
relationship between the components of the Directive and the corresponding
parts of national transposition measures.

3.5.        Choice of instrument

The Commission proposes a Directive requiring
Member States to establish maritime spatial plans and integrated coastal
management strategies, while respecting Member States’ prerogatives to tailor
their content to their specific economic, social and environmental priorities
and national sectorial policy objectives and legal traditions. Subsidiarity and
proportionality considerations led to the conclusion that a Regulation would
not be appropriate. Also, the procedural and process-based nature of the
instrument is best reflected in a framework-type Directive. Conversely, a
non-binding instrument would not be appropriate because it would not achieve
some of the policy objectives, namely the requirement to have all coastal
Member States apply maritime spatial planning and integrated coastal management
and to ensure trans-boundary cooperation. Finally, a legislative approach also
ensures that the above processes will be implemented within agreed timeframes.

3.6.        Detailed explanation of
the proposal

The proposal contains two parts, the
Directive and its Annex.

3.6.1.     The Directive

Article 1
sets out the subject matter of the Directive.

Article 2 sets
out the scope of the Directive.

Article 3 defines
the terms used in the Directive.

Article 4 deals
with the establishment of maritime spatial plans and integrated coastal
management strategies at Member State level.

Article 5
deals with the objectives for maritime spatial plans and integrated coastal
management strategies at Member State level.

Article 6
specifies the minimum common requirements for maritime spatial plans and integrated
coastal management strategies.

Article 7
specifies the minimum requirements for maritime spatial plans.

Article 8
specifies the minimum requirements for integrated coastal management strategies.

Article 9 provides
for public participation in the development of maritime spatial plans and integrated
coastal management strategies.

Article 10
deals with data collection and exchange of information in support of maritime spatial
plans and integrated coastal management strategies.

Article 11 provides
for assessment of the environmental effects of maritime spatial plans and integrated
coastal management strategies.

Article 12
deals with bilateral and multilateral cooperation between Member States in
order to ensure consistent implementation across coastal zones and marine
regions or sub-regions.

Article 13 concerns
cooperation with third countries.

Article 14
sets out the provisions for the designation of competent authorities for the
implementation of the Directive.

Article 15 provides
for Member States to report on implementation to the Commission and for the
Commission to report to the European Parliament and Council on the progress made
in implementing this Directive.

Article 16
outlines the operational specifications and steps for implementation of this
Directive for which the Commission may adopt implementing acts.

Article 17
establishes the mechanisms for control by Member States of the Commission’s
exercise of its implementing powers.

Article 18
establishes the rules for transposition of this Directive by the Member States.

Article 19
provides that the Directive will enter into force on the twentieth day
following that of its publication in the Official Journal of the European
Union.

Article 20
names the Member States as addressees of the Directive.

3.6.2.     Annex

Annex I lists the items of information on
competent authorities that Member States have to provide to the Commission.

2013/0074 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

establishing a framework for maritime
spatial planning and integrated coastal management

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 43(2), 100(2),
192(1), and 194(2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[11],

Having regard to the opinion of the
Committee of the Regions[12],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       The high and rapidly
increasing demand for maritime space for different purposes, such as renewable
energy installations, maritime shipping and fishing activities, ecosystem
conservation and tourism and aquaculture installations, as well as the multiple
pressures on coastal resources require an integrated planning and management
approach.

(2)       Such an approach to ocean
management has been developed in the Integrated Maritime Policy[13] for the European Union,
including, as its environmental pillar, Directive 2008/56/EC of the European
Parliament and of the Council of 17 June 2008 establishing a framework for
Community action in the field of marine environmental policy[14]. The objective of the Integrated
Maritime Policy is to support the sustainable development of seas and oceans
and to develop coordinated, coherent and transparent decision-making in relation
to the Union’s sectoral policies affecting the oceans, seas, islands, coastal
and outermost regions and maritime sectors, including through sea-basin
strategies or macro-regional strategies.

(3)       The Integrated Maritime
Policy identifies maritime spatial planning and integrated coastal management
as cross-cutting policy tools for public authorities
and stakeholders to apply a coordinated, integrated approach. The application
of an ecosystem-based approach will contribute to promoting the sustainable
growth of the maritime and coastal economies and the sustainable use of marine
and coastal resources.

(4)       Maritime spatial planning
and integrated coastal management support and facilitate the implementation of
the Europe 2020 Strategy for smart, sustainable and inclusive growth[15], endorsed by the European
Council in June 2010[16],
which aims to deliver high levels of employment, productivity and social
cohesion, including promotion of a more competitive, resource efficient and
greener economy. The coastal and maritime sectors have a significant potential
for sustainable growth and are key to the implementation of the Strategy.

(5)       In its recent
Communication on Blue Growth[17],
Opportunities for Marine and Maritime Sustainable Growth, the Commission has
identified a number of ongoing EU initiatives which are intended to implement
the Europe 2020 Strategy for smart, sustainable and inclusive growth. The
Communication has also identified a number of sector activities on which blue
growth initiatives should focus in the future and which should be adequately
supported by maritime spatial plans and integrated coastal management
strategies.

(6)       Regulation (EU) No
1255/2011, establishing a programme to support the further development of an
Integrated Maritime Policy, supports and facilitates the implementation of maritime
spatial planning and integrated coastal management. This Regulation provides
appropriate funding for maritime spatial planning and integrated coastal
management projects for 2011-2013. Regulation (EU) No XXXX/XX of the European
Parliament and of the Council on the European Maritime and Fisheries Fund
provides for appropriate funding for such projects for 2014-2020[18].

(7)       The
United Nations Convention on the Law of the Sea (UNCLOS) states in its preamble
that issues relating to the use of ocean space are closely interrelated and
need to be considered as a whole. Planning of ocean space is the logical
advancement and structuring of the use of rights granted under UNCLOS and a
practical tool in assisting Member States to comply with their obligations.

(8)       In order to ensure the appropriate apportionment of maritime space among relevant uses
and the coordinated management of coastal zones, a
framework should be put in place that consists at least in the establishment and
implementation by Member States of maritime spatial plans and integrated
coastal management strategies.

(9)       Maritime spatial planning
and integrated coastal management will result in better coordination of
maritime and coastal activities, which can lead to significant economic
benefits by providing transparency, predictability and stability for investors
as well as lowering coordination and transaction costs.

(10)     In order to ensure
consistency and legal clarity, the geographical scope for maritime spatial planning
and integrated coastal management strategiesshould be defined in conformity
with existing legislative instruments of the Union and international maritime
law.

(11)     The geographical scope of
marine waters and coastal zones overlaps in the coastal and territorial waters
of Member States. The tools of maritime spatial planning and integrated coastal
management are complementary, as they respectively focus on mapping existing
and potential human activities for the purpose of preparing maritime spatial
plans in marine waters and on the identification of measures for integrated
management of these human activities in coastal zones. The joint coherent
application of Maritime Spatial Plans and Integrated Coastal Management
Strategies will improve the land-sea interface planning and management.

(12)     While it is appropriate for
the Union to lay down rules on maritime spatial plans and integrated coastal
management strategies, Member States and their competent authorities remain
responsible for designing and determining, within their marine waters and
coastal zones, the content of such plans and strategies, including the apportionment
of maritime space to the different sector activities.

(13)     So as to respect
proportionality and subsidiarity, as well as minimise additional administrative
burden, transposition and implementation of this Directive should to the
greatest extent possible build upon existing national rules and mechanisms. Integrated
coastal management strategies should build on the principles and elements set
out in Council Recommendation 2002/413/EC and Council Decision 2010/631/EU.

(14)     In marine waters and
coastal zones, ecosystems and marine and coastal resources are subject to
significant pressures. Human activities, but also climate change effects,
natural hazards and shoreline dynamics such as erosion and accretion, can have
severe impacts on coastal economic development and growth, as well as coastal
and marine ecosystems, leading to deterioration of environmental status, loss
of biodiversity and degradation of ecosystem services. Due regard should be
given to these various pressures in the establishment of maritime spatial plans
and integrated coastal management strategies. Moreover, healthy coastal and
marine ecosystems and their multiple services, if integrated in planning
decisions, can deliver substantial benefits in terms of food production,
recreation and tourism, climate change mitigation and adaptation, shoreline
dynamics control and disaster prevention.

(15)     Maritime spatial planning and
integrated coastal management should apply the ecosystem-based approach as
referred to in Article 1(3) of Directive 2008/56/EC so as to ensure that the
collective pressure of all activities is kept within levels compatible with the
achievement of good environmental status and that the capacity of marine
ecosystems to respond to human-induced changes is not compromised, while
enabling the sustainable use of marine goods and services by present and future
generations.

(16)     Maritime spatial planning
and integrated coastal management will contribute, inter alia, to achieving the
aims of Directive 2009/28/EC of the European Parliament and of the council of
23 April 2009 on the promotion of the use of energy from renewable sources[19], Council Regulation 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation
of fisheries resources under the Common Fisheries Policy[20], Decision 884/2004/EC of the European Parliament and of the Council amending Decision No
1692/96/EC on Community guidelines for the development of the trans-European
transport network[21], Directive 2000/60/EC of the European
Parliament and of the Council of 23 October 2000 establishing a framework for
Community action in the field of water policy, Directive
2008/56/EC of the European Parliament and of the Council of 17 June 2008
establishing a framework for community action in the field of marine
environmental policy, the EU Biodiversity Strategy for 2020[22], the Roadmap towards a Resource Efficient Europe,[23] the EU Strategy on Adaptation
to Climate Change[24]
well as, where appropriate, those of the EU Regional Policy, including the
sea-basin and macro-regional strategies.

(17)     Maritime and coastal
activities are often closely interrelated. This requires maritime spatial plans
and integrated coastal management strategies to be coordinated or integrated in
order to guarantee the sustainable use of maritime space and management of
coastal areas taking account of social, economic and environmental factors.

(18)     In order to achieve the
objectives of this Directive, maritime spatial plans and integrated coastal
management strategies should cover the full cycle of problem identification,
information collection, planning, decision-making, implementation and
monitoring of implementation and be based on best available scientific
knowledge. Best use should be made of mechanisms set out in existing or future
legislation, including Decision 2010/477/EU on criteria and methodological
standards for good environmental status of marine waters or the Commission's
Marine Knowledge 2020 initiative[25].

(19)     The main purpose of maritime
spatial planning is to identify and manage spatial uses and conflicts in
maritime areas. In order to achieve that purpose, Member States need at least
to ensure that the planning process or processes result in a comprehensive map
identifying the different uses of maritime space, taking into consideration
long term changes due to climate change.

(20)     Member States should
consult and coordinate their plans and strategies with the relevant Member
State or third country authorities in the marine region or sub-region or
coastal zone concerned in conformity with the rights and obligations of these
Member States and third countries under European and international law. Effective
cross border cooperation between Member States and with neighbouring third
countries requires that the competent authorities in each Member State are
identified. Member States therefore need to designate the competent authority
or authorities responsible for cooperation with other Member States or third
countries. Given the differences between various marine regions or sub-regions
and coastal zones, it is not appropriate to prescribe in detail in this
Directive how these cooperation mechanisms should look.

(21)     A variety of measures under
different policies apply in coastal zones. In order to achieve the objectives
of this Directive, Member States should prepare an inventory of these measures
and analyse the need for additional actions, such as actions to prevent erosion
and manage accretion, adapt to the effects of climate change, combat coastal
and marine litter, develop green infrastructure and help prevent natural
disasters. These should be applied in a coordinated and integrated way. In
doing this, Member States should consider all relevant coastal activities and
pay particular attention to cross-sectoral and land-sea interactions between
these activities.

(22)     The management of maritime
and coastal areas is complex and involves different levels of authorities, economic
operators and other stakeholders. In order to guarantee sustainable development
in an effective manner, it is essential that stakeholders, authorities and the
public are consulted at an appropriate stage in the preparation of maritime spatial
plans and integrated coastal management strategies under this Directive, in
accordance with relevant EU legislation. A good example for public consultation
provisions can be found in article 2(2) of Directive 2003/35.

(23)     Through maritime spatial
plans and integrated coastal management strategies Member States can reduce
administrative burden and costs in support of their action to implement other
relevant Union legislation. The timelines for maritime spatial plans and integrated
coastal management strategies should therefore be coherent with the timetables
set out in other relevant legislation, especially: Directive 2009/28/EC, which
requires that Member State shall ensure that the share of energy from renewable
sources in gross final consumption of energy in 2020 is at least 20 % and which
identifies coordination of authorisation, certification and planning
procedures, including spatial planning as an important contribution to
achievement of the EU’s renewable energy targets; Directive 2008/56/EC and Annex
A(6) to Decision 2010/477/EU, which requires that Member States shall take the
necessary measures to achieve or maintain good environmental status in the
marine environment by 2020 and which identify maritime spatial planning as a
tool to support the ecosystem-based approach to the management of human
activities in order to achieve good environmental status; Decision 884/2004/EC of the European Parliament and of the Council amending Decision No
1692/96/EC on Community guidelines for the development of the trans-European
transport network which requires that the
trans-European transport network shall be established by 2020 by integrating
Europe's land, sea and air transport infrastructure networks.

(24)     Environmental assessment is
an important and established tool for integrating environmental considerations
into the preparation and adoption of plans and programmes. As maritime spatial plans
and integrated coastal management strategies are likely to have significant
effects on the environment, they should be subject to the provisions of
Directive 2001/42/EC of the European Parliament and of the Council on the
assessment of the effects of certain plans and programmes on the environment[26]. When maritime spatial plans and integrated coastal
management strategies include Natura 2000 sites, such an environmental
assessment can be combined with the requirements of Article 6 of Directive
92/43/EEC, to avoid duplication.

(25)     In order to ensure that the
establishment of maritime spatial plans and integrated coastal management strategies
is based on reliable data and to avoid additional administrative burden, it is
essential that Member States collect the best available data and information by
making use of existing instruments and tools for data collection, such as those
developed in the context of the Marine Knowledge 2020 initiative.

(26)     Member States should produce
national reports to the Commission to monitor the implementation of this
Directive. In order to minimise administrative burden, Member States should be
able to use reporting done under relevant legislation, including the reporting
under Directive 2008/56/EC. The Commission will use the
information reported by the Member States and any other relevant information
available through EU legislation, to inform the European Parliament and the
Council on progress made in implementing this Directive.

(27)     In order to ensure the
uniform implementation of this Directive, in particular regarding data
management and operational steps for the establishment, implementation and reporting
of maritime spatial plans and integrated coastal management strategies,
including technical formats for data sharing, implementing powers should be
conferred on the Commission. Those powers should be exercised in accordance with
Regulation (EU) 182/2011 of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning
mechanisms for control by the Member States of the Commission’s exercise of
implementing powers[27].

(28)     Timely transposition of the
provisions of this Directive is essential since the EU has adopted a number of
policy initiatives that are to be implemented by the year 2020 and which this Directive
aims to support. The shortest possible deadline for the transposition of this
Directive should therefore be adopted.

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL
PROVISIONS

Article 1

Subject
matter

1.           This Directive establishes
a framework for maritime spatial planning and integrated coastal management
aiming at promoting the sustainable growth of maritime and coastal economies
and the sustainable use of marine and coastal resources.

2.           Within the Integrated
Maritime Policy of the Union, this framework provides for the establishment and
implementation by Member States of maritime spatial plans and of integrated
coastal management strategies with the aim of meeting the objectives specified
in Article 5.

Article 2

Scope

1.           The provisions of this
Directive shall apply to marine waters and coastal zones.

2.           This Directive shall not
apply to activities the sole purpose of which is defence or national security.
Each Member State shall, however, endeavour to ensure that such activities are
conducted in a manner compatible with the objectives of this Directive.

3.           The provisions of this
Directive shall be without prejudice to Member States’ competences for town and
country planning.

Article 3

Definitions

For the purposes of this Directive, the
following definitions apply:

1.           ‘Coastal zone’ means the
geomorphologic area on both sides of the seashore area with as the seaward
limit the external limit of the territorial seas of Member States and as the landward
limit, the limit as defined by the Member States in their integrated coastal
management strategies.

2.           ‘Integrated Maritime
Policy’ means the Union policy with the aim to foster coordinated and coherent
decision-making to maximise the sustainable development, economic growth and
social cohesion of Member States, in particular with regard to coastal, insular
and outermost regions in the Union, as well as maritime sectors, through
coherent maritime-related policies and relevant international cooperation.

3.           ‘Marine region or
sub-region’ means the marine regions and sub-regions referred to in Article 4
of Directive 2008/56/EC.

4.           ‘Marine waters’ means the
waters, the seabed and subsoil as defined in Article 3(1) of Directive
2008/56/EC.

5.           ‘Public’ means involving one
or more natural or legal persons and, in accordance with national legislation
or practice, their associations, organisations or groups.

6.           ‘Sector activities’ means
those activities falling under the Union policies referred to in Part Three of
the Treaty on the Functioning of the European Union which have an impact on marine
waters and coastal zones.

7.           ‘Good environmental status’
means the environmental status referred to in Article 3(5) of Directive
2008/56/EC.

CHAPTER II
Maritime spatial plans and integrated coastal management strategies

Article 4

Establishment
and implementation of maritime spatial plans and integrated coastal management strategies

1.           Each Member State shall
establish and implement a maritime spatial plan or plans and an integrated
coastal management strategy or strategies. They may be prepared in separate
documents.

2.           Maritime spatial plans and
integrated coastal management strategies shall pursue the objectives listed in
Article 5 and fulfil the minimum requirements referred to in Articles 6, 7 and
8.

3.           When establishing maritime
spatial plans and integrated coastal management strategies, Member States shall
give due regard to the particularities of the regions and the sub-regions, the
respective sector activities, the marine waters and coastal zones concerned and
potential climate change impacts.

4.           Maritime spatial plans and
integrated coastal management strategies may include or build on mechanisms that
have been or are being established before the entry into force of this
Directive, provided their content is in conformity with the minimum
requirements specified in Articles 6, 7 and 8.

Article 5

Objectives
of maritime spatial plans and integrated coastal management strategies

Maritime spatial plans and integrated
coastal management strategies shall apply an ecosystem-based approach to facilitate
the co-existence and prevent conflicts between competing sector activities in
marine waters and coastal zones, and shall aim to contribute to:

(a)
securing the energy supply of the Union by
promoting the development of marine energy sources, the development of new and
renewable forms of energy, the interconnection of energy networks, and energy
efficiency;

(b)
promoting the development of maritime transport
and providing efficient and cost-effective shipping routes across Europe,
including port accessibility and transport safety;

(c)
fostering the sustainable development and growth
of the fisheries and aquaculture sector, including employment in fisheries and
connected sectors;

(d)
ensuring the preservation, protection and
improvement of the environment as well as the prudent and rational use of
natural resources, notably in order to achieve good environmental status, halt the
loss of biodiversity and degradation of ecosystem services and reduce marine
pollution risks;

(e)
ensuring climate resilient coastal and marine
areas.

Article 6

Common minimum
requirements for maritime spatial plans and integrated coastal management
strategies

1.           Maritime spatial plans and
integrated coastal management strategies shall establish operational steps to
achieve the objectives as set out in Article 5 taking into account all relevant
activities and measures applicable to them.

2.           In doing so, maritime spatial
plans and integrated coastal management strategies shall, at least:

(a)
be mutually coordinated, provided they are not
integrated;

(b)
ensure effective trans-boundary cooperation
between Member States, and between national authorities and stakeholders of the
relevant sector policies;

(c)
identify the trans-boundary effects of maritime
spatial plans and integrated coastal management strategies on the marine waters
and coastal zones under the sovereignty or jurisdiction of third countries in
the same marine region or sub-region and related coastal zones and deal with
them in cooperation with the competent authorities of these countries in
accordance with Articles 12 and 13;

3.           Maritime spatial plans and
integrated coastal management strategies shall be reviewed at least every 6
years.

Article 7

Specific minimum
requirements for maritime spatial plans

1.           Maritime spatial plans
shall contain at least a mapping of marine waters which identifies the actual
and potential spatial and temporal distribution of all relevant maritime
activities in order to achieve the objectives as set out in Article 5.

2.           When establishing maritime
spatial plans Member States shall take into consideration, at least, the
following activities:

(a)
 installations for the extraction of energy and
the production of renewable energy;

(b)
 oil and gas extraction sites and
infrastructures;

(c)
 maritime transport routes;

(d)
 submarine cable and pipeline routes;

(e)
 fishing areas;

(f)
 sea farming sites;

(g)
 nature conservation sites.

Article 8

Specific minimum
requirements for integrated coastal management strategies

1.           Integrated coastal
management strategies shall contain at least, an inventory of existing measures
applied in coastal zones and an analysis of the need for additional actions in
order to achieve the objectives set out in Article 5. The strategies shall provide
for integrated and cross-sectoral policy implementation and consider
interactions between terrestrial and maritime activities.

2.           When establishing
integrated coastal management strategies, Member States shall take into
consideration, at least, the following activities:

(a)
utilisation of specific natural resources including
installations for the extraction of energy and the production of renewable
energy;

(b)
development of infrastructure, energy
facilities, transport, ports, maritime works and other structures including
green infrastructure;

(c)
agriculture and industry;

(d)
fishing and aquaculture;

(e)
conservation, restoration and management of
coastal ecosystems, ecosystem services and nature, coastal landscapes and
islands;

(f)
mitigation and adaptation to climate change.

Article 9

Public
participation

1.           Member States shall
establish means for the public participation of all interested parties at an
early stage in the development of maritime spatial plans and integrated coastal
management strategies.

2.           Public participation shall
ensure that the relevant stakeholders and authorities and the public concerned
are consulted on the draft plans and strategies and have access to the results
once available.

3.           When establishing means of
public consultation, Member States shall act in accordance with relevant
provisions in other Union legislation.

Article 10
Data collection and
exchange of information

1.           Member States shall
organise the collection of the best available data and the exchange of
information necessary for maritime spatial plans and integrated coastal
management strategies.

2.           The data referred to in
paragraph 1 shall include:

(a)
Environmental, social and economic data collected
according to the provisions of Union legislation pertaining to the activities
referred to in Articles 7 and 8;

(b)
Marine physical data in marine waters and
geomorphological data in coastal zones.

3.           When organising the
collection and exchange of the data referred to in paragraph 1, Member States
shall make use, as far as possible, of instruments and tools developed under
the Integrated Maritime Policy.

Article 11

Assessment
of environmental effects

Maritime spatial plans and integrated
coastal management strategies are subject to the provisions of Directive 2001/42/EC.

Article 12

Cooperation
with other Member States

1.           Each Member State
bordering a coastal zone or maritime area of another Member State shall
cooperate to ensure that maritime spatial plans and integrated coastal
management strategies are coherent and coordinated across the coastal zone or
marine region and/or sub-region concerned. Such cooperation shall in particular
take into account issues of a transnational nature, such as cross-border
infrastructure.

2.           The cooperation referred
to in paragraph 1 shall be pursued through:

(a)
regional institutional cooperation structures
covering the coastal zone or the marine region or sub-region concerned, or

(b)
a dedicated network of Member States’ competent
authorities covering the marine region and/or sub-region concerned.

Article 13

Cooperation
with third countries

Member States
bordering a coastal zone or maritime area of a third country shall make every
effort to coordinate their maritime spatial plans and integrated coastal
management strategies with that third country in the marine region or
sub-region and the related coastal zone concerned.

CHAPTER III

IMPLEMENTATION

Article 14

Competent
authorities

1.           Each Member State shall designate
for each coastal zone and marine region or sub-region concerned, the authority
or authorities competent for the implementation of this Directive, including to
ensure cooperation with other Member States as defined in Article 12 and
cooperation with third countries as defined in Article 13.

2.           Each Member State shall
provide the Commission with a list of the competent authorities, together with
the items of information listed in Annex I to this Directive.

3.           At the same time, each
Member State shall send to the Commission a list of their competent authorities
responsible for those international bodies in which they participate and which
are relevant for the implementation of this Directive.

4.           Each Member State shall
inform the Commission of any change to the information provided pursuant to
paragraph 1 within six months of such a change coming into effect.

Article 15

Monitoring
and reporting

1.           Each Member State shall provide
a report to the Commission on the implementation of this Directive using, and
where relevant making reference to, available reports, information and data
under other EU legislation.

2.           This report shall at least
contain information on the implementation of Articles 6 to 13.

3.           The Commission shall submit
a progress report to the European Parliament and Council outlining the progress
made in implementing this Directive.

Article 16

Implementing
acts

1.           The Commission may, by
means of implementing acts, adopt provisions on:

(a)
operational specifications for management of data
referred in Article 10, provided they have not been established by other EU
legislation, such as Directive 2007/2/EC or 2008/56/EC, on

–
the sharing of data, and interfacing with
existing data management and collection processes; and

(b)
the operational steps for the establishment and
reporting on maritime spatial plans and integrated coastal management strategies
concerning:

–
coherence of reporting obligations under this
Directive with other relevant Union legislation;

–
monitoring and revision cycles;

–
cross-border co-operation modalities;

–
public consultation.

2.         The implementing acts referred to in paragraph 1 shall be
adopted in accordance with the procedure referred to in Article 17(2).

Article 17

Committee
procedure

1.           The Commission shall be
assisted by a committee. That committee shall be a committee within the meaning
of Regulation 182/2011[28].

2.           Where reference is made to
paragraph 1, Article 5 of Regulation 182/2011 shall apply.

CHAPTER IV
FINAL PROVISIONS

Article 18

Transposition

1.           Each Member State shall
bring into force the laws, regulations and administrative provisions necessary
to comply with this Directive within 18 months after its entry into force at
the latest. They shall forthwith communicate to the Commission the text of
those provisions.

2.           When Member States adopt the
measures referred to in paragraph 1, they shall contain a reference to this
Directive or be accompanied by such a reference on the occasion of their
official publication. Each Member State shall determine how such reference is
to be made.

3.           The authority or
authorities referred to in Article 14(1) shall be designated within 18 months
following the entry into force of this Directive.

4.           The maritime spatial plans
and integrated coastal management strategies referred to in Article 4(1) shall
be established within a period of 36 months after the entry into force of this
Directive.

5.           The reports referred to in
Article 15(1) shall be provided, at the latest, 42 months following the entry
into force of the Directive, and every six years thereafter.

6.           The progress report
referred to in Article 15(3) shall be submitted at the latest six months after
the date referred to in paragraph 5, and every six years thereafter.

Article 19

Entry into
force

This Directive shall enter into force on
the twentieth day following that of its publication in the Official Journal of
the European Union.

Article 20

Addressees

This
Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

ANNEX
I

Competent
authorities

(1)
Name and address of the competent authority or
authorities — the official name and address of the competent authority or
authorities identified.

(2)
Legal status of the competent authority or
authorities — a brief description of the legal status of the competent
authority or authorities.

(3)
Responsibilities — a brief description of the
legal and administrative responsibilities of the competent authority or
authorities, and of its/their role in relation to the marine waters concerned.

(4)
Membership — when the competent authority or
authorities act(s) as a coordinating body for other competent authorities, a
list of the latter is required together with a summary of the institutional
relationships established in order to ensure coordination.

(5)
Regional or sub-regional coordination — a summary
is required of the mechanisms established in order to ensure coordination
between Member States where their waters are covered by this Directive and fall
within the same marine region or sub-region.

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Directive of the European Parliament and of the Council establishing
a framework for maritime spatial planning and integrated coastal management.

1.2.        Policy area(s) concerned
in the ABM/ABB structure[29]

Maritime Affairs and Fisheries;

Environment.

1.3.        Nature of the
proposal/initiative

x The
proposal/initiative relates to a new action

 ̈ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[30]

 ̈ The proposal/initiative relates to the
extension of an existing action

 ̈ The
proposal/initiative relates to an action redirected towards a new action

1.4.        Objectives

1.4.1.     The Commission’s
multiannual strategic objective(s) targeted by the proposal/initiative

To support sustainable economic growth in the marine waters and
coastal zones of the EU.

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Specific objective:

MARE activity 11.09: to promote sustainable growth through policy
initiatives that drive the blue economy, developing efficient cooperation and
information-sharing arrangements between regulators and stakeholders and
ensuring the effective stewardship of seas, coasts and oceans.

Result indicator: level of cross-border cooperation on maritime
spatial planning (MSP); measurable reduction in project planning time and costs
in EU sea basins. Target: establishment of a transparent, predictable and
stable framework for the planning and management of sea uses across the EU,
resulting in significant gains in efficiency.

ENV activity: 587-D2: support and further develop EU policy on integrated
coastal zone management (ICZM), in order to promote the rational and sound use
of coastal resources and to make coastal zones more resilient to risks and
climate change impacts.

Result indicator: level of implementation of national ICZM
strategies developed further to the EU ICZM recommendation (ICZM progress
indicator).
Target: in 2012, Commission proposal for an effective long-term framework to
support implementation of ICZM in the EU.

1.4.3.     Expected result(s) and
impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.

The ultimate aim of the proposal is to secure the sustainable
economic growth of marine and coastal economies while enabling diverse and
sustainable uses of marine and coastal resources by considering the economic,
social and environmental pillars of sustainability in line with the eco-system
approach.

This should ensure (among other things):
- sustainable, resource-efficient and integrated development of maritime and
coastal activities;

- improvement of the investment climate;

- better adaptation to environmental risks, such as climate change,
and prevention and/or reduction of the effects of natural hazards.

1.4.4.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

- Output indicators: availability of governance framework for maritime
spatial planning and integrated coastal management strategies; level of
cross-border cooperation;

- Result indicators: spatial development patterns, reduction of
conflicts and litigation regarding infrastructure development, sustainable use
of marine and coastal resources, coordinated maritime spatial planning and integrated
coastal management, and cross-border cooperation;

- Impact indicators: maintained/restored biodiversity or ecosystem
service potential in coastal zones and marine waters, increased added value and
reduced seasonality in maritime and coastal economies, improved resilience to
climate change, growth in key economic sectors, coexistence of economic
activities.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

- to establish an integrated planning process for maritime
activities and an integrated management process for coastal zones, by bringing
together national authorities and stakeholders of the relevant sector policies;

- to ensure effective trans-boundary cooperation between Member
States in taking measures for maritime spatial planning and integrated coastal
management;

- to ensure coordination and integration between maritime spatial planning
and integrated coastal management processes.

1.5.2.     Added value of EU
involvement

Coastal and maritime uses and ecosystems cross national borders. The
proposed action would add value by ensuring the coherence of measures
addressing this aspect. In particular, EU action would avoid divergent
approaches and different levels of progress.

1.5.3.     Lessons learned from
similar experiences in the past

An evaluation of Member States’ progress reports on ICZM following
the ICZM recommendation (2002/413/EC) concluded that this approach has clear
added value in integrating policies across sectors in coastal zones with the
aim of ensuring the sustainable use of coastal resources. Maritime spatial planning
is a widely recognised tool to ensure coherent planning of the maritime space.

1.5.4.     Coherence and possible
synergy with other relevant instruments

MSP and ICZM have both been identified as integrated management
tools under the IMP (Blue Book 2007). They are support tools for a more
integrated decision-making process, coordinating potentially competing sector
policies. Therefore, maritime spatial planning and integrated coastal
management strategies will support the achievement and coherence of objectives
and measures under other relevant policies, including energy, environment, maritime
transport andfisheries.

1.6.        Duration and financial
impact

 ̈ Proposal/initiative of limited
duration

–
 ̈  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

–
 ̈  Financial impact from YYYY to YYYY

x Proposal/initiative of unlimited
duration

–
Implementation with a start-up period from YYYY
to YYYY

–
followed by full-scale operation.

1.7.        Management mode(s)
envisaged[31]

 ̈ Centralised direct management by the Commission

 ̈ Centralised indirect management with the delegation of implementation tasks to:

–
 ̈  executive agencies

–
 ̈  bodies set up by the Communities[32]

–
 ̈  national public-sector bodies/bodies with public-service mission

–
 ̈  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

x Shared management with the Member States

 ̈ Decentralised management with third countries

 ̈ Joint management with international organisations (to be specified)

If more than one
management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency
and conditions.

By 31 March 2016 and every six years thereafter, Member States will provide
a national report to the Commission on the implementation of the provisions of
this Directive. The reports will be based on national monitoring of
implementation.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

N/A — the proposal does not involve the use of operational
appropriations

2.2.2.     Control method(s) envisaged

N/A — the proposal does not involve the use of operational
appropriations

2.3.        Measures to prevent fraud
and irregularities idem as 2.2

Specify existing or
envisaged prevention and protection measures.

N/A — the proposal does not involve the use of operational appropriations

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

Existing expenditure budget lines

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description ........................................] || Diff./non-diff. ([33]) || from EFTA[34] countries || from candidate countries[35] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

5 || 11.0101 — Expenditure related to staff in active employment in the ‘Maritime affairs and fisheries’ policy area 07 01 01 — Expenditure related to staff in active employment in the ‘Environment and climate action’ policy area || non-diff. || NO || NO || NO || NO

New budget lines requested

In order of multiannual financial framework
headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Heading ............................................] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

|| || || || || ||

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure

EUR million (to 3 decimal places)

Heading of multiannual financial framework: || Number ||

DG: <.......> || || || Year N[36] || Year N+1 || Year N+2 || Year N+3 || ... enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

Ÿ Operational appropriations || || || || || || || ||

Number of budget line || Commitments || (1) || || || || || || || ||

Payments || (2) || || || || || || || ||

Number of budget line || Commitments || (1a) || || || || || || || ||

Payments || (2a) || || || || || || || ||

Appropriations of an administrative nature financed  from the envelope for specific programmes[37] || || || || || || || ||

Number of budget line || || (3) || || || || || || || ||

TOTAL appropriations for DG <.......> || Commitments || =1+1a +3 || || || || || || || ||

Payments || =2+2a +3 || || || || || || || ||

Ÿ TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADING <....> of the multiannual financial framework || Commitments || =4+ 6 || || || || || || || ||

Payments || =5+ 6 || || || || || || || ||

If more
than one heading is affected by the proposal / initiative:

Ÿ TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || || || || || || || ||

Payments || =5+ 6 || || || || || || || ||

Heading of multiannual financial framework: || 5 || Administrative expenditure

EUR million (to 3 decimal places)

|| || || Year 2014 and after || || || || UNLIMITED DURATION || TOTAL

DG: <ENV/MARE> ||

Ÿ Human resources || 0.508 || || || || || || ||

Ÿ Other administrative expenditure || 0.054 0.022 || || || || || || ||

TOTAL DG ENV/MARE || Appropriations || 0.584 || || || || || || ||

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.584 || || || || || || ||

EUR million (to 3 decimal places)

|| || || Year 2014 and after || || || || ... enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 0.584 || || || || || || ||

Payments || 0.584 || || || || || || ||

3.2.2.     Estimated impact on
operational appropriations

–
x The proposal/initiative does not require the use of operational
appropriations

–
 ̈  The proposal/initiative requires the use of operational
appropriations, as explained below:

Commitment appropriations in EUR million (to 3 decimal
places)

Indicate objectives and outputs ò || || || Year N || Year N+1 || Year N+2 || Year N+3 || ... enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

OUTPUTS

Type of output[38] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost

SPECIFIC OBJECTIVE No 1[39]... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

Sub-total for specific objective No 1 || || || || || || || || || || || || || || || ||

SPECIFIC OBJECTIVE No 2... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

Sub-total for specific objective No 2 || || || || || || || || || || || || || || || ||

TOTAL COST || || || || || || || || || || || || || || || ||

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

–
 ̈  The proposal/initiative does not require the use of administrative
appropriations

–
x The proposal/initiative requires the use of administrative
appropriations, as explained below:

EUR million (to 3
decimal places)

|| Year 2014 and after || Year N+1 || Year N+2 || Year N+3 || ... enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

HEADING 5 of the multiannual financial framework || || || || || || || ||

Human resources || 0.508 || || || || || || ||

Other administrative expenditure || 0.076 || || || || || || ||

Subtotal HEADING 5 of the multiannual financial framework || || || || || || || ||

Outside HEADING 5[40] of the multiannual financial framework || || || || || || || ||

Human resources || || || || || || || ||

Other expenditure of an administrative nature || || || || || || || ||

Subtotal outside HEADING 5 of the multiannual financial framework || || || || || || || ||

TOTAL || 0.584 || || || || || || ||

3.2.3.2.  Estimated requirements of
human resources

–
 ̈  The proposal/initiative does not require the use of human
resources

–
 ̈  The proposal/initiative requires the use of human resources, as
explained below:

Estimate to be expressed in full amounts
(or at most to one decimal place)

|| Year 2014 and after || Year N+1 || Year N+2 || Year N+3 || ... enter as many years as necessary to show the duration of the impact (see point 1.6)

Ÿ Establishment plan posts (officials and temporary agents)

11 01 01 01 + 07 01 01 01(Headquarters and Commission’s Representation Offices) || 4 || || || || || ||

XX 01 01 02 (Delegations) || || || || || || ||

XX 01 05 01 (Indirect research) || || || || || || ||

10 01 05 01 (Direct research) || || || || || || ||

Ÿ External personnel (in Full Time Equivalent unit: FTE)[41]

11 01 02 01 (CA, INT, SNE from the ‘global envelope’) || || || || || || ||

XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || || || || || || ||

XX 01 04 yy [42] || - at Headquarters[43] || || || || || || ||

- in delegations || || || || || || ||

XX 01 05 02 (CA, INT, SNE — Indirect research) || || || || || || ||

10 01 05 02 (CA, INT, SNE — Direct research) || || || || || || ||

Other budget lines (specify) || || || || || || ||

TOTAL || 4 || || || || || ||

XX is the
policy area or budget title concerned.

The human resources required
will be met by staff from the DG who are already assigned to management of the action
and/or have been redeployed within the DG, together if necessary with any
additional allocation which may be granted to the managing DG under the annual
allocation procedure and in the light of budgetary constraints.

Description of
tasks to be carried out:

Officials and temporary agents || Monitor the implementation of the Directive at national level

External personnel ||

3.2.4.     Compatibility with the
current multiannual financial framework

–
x ̈         Proposal/initiative
is compatible the current multiannual financial framework.

–
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

–
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[44].

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

3.2.5.     Third-party contributions

–
xThe proposal/initiative does not provide for co-financing by third
parties

–
The proposal/initiative provides for the
co-financing estimated below:

Appropriations in EUR million (to 3 decimal places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || ... enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations cofinanced || || || || || || || ||

3.3.        Estimated impact on
revenue

–
x Proposal/initiative has no financial impact on revenue.

–
 ̈  Proposal/initiative has the following financial impact:

–
 ̈         on own resources

–
 ̈         on miscellaneous revenue

EUR million (to 3 decimal places)

Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[45]

Year N || Year N+1 || Year N+2 || Year N+3 || ... insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6)

Article ............. || || || || || || || ||

For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected.

Specify the method for
calculating the impact on revenue.

[1]               COM(2010) 2020 final.

[2]               COM(2012) 494 final.

[3]               COM(2008) 791 final.

[4]               COM(2010) 771 final.

[5]               Directive 2008/56/EC, OJ L 164, 25.6.2008, pp. 19-40.

[6]               Directive 2009/28/EC, OJ L 140, 5.6.2009, pp. 16-62.

[7]               Decision 884/2004/EC, OJ L 167, 30.04.2004, pp. 1-38.

[8]               Council Directive 92/43/EEC,
OJ L 206, 22.07.1992, pp. 7-50.

[9]               OJ L
197, 21.7.2001, pp. 30-37.

[10]             OJ 2011/C 369/02

[11]             OJ C , , p. .

[12]             OJ C , , p. .

[13]             COM(2007) 575 final.

[14]             OJ L 164, 25.6.2008.

[15]             COM(2010) 2020 final.

[16]             Council Conclusions of 17 June 2010.

[17]             COM(2012) 494 final.

[18]             Proposal COM(2011) 804 final.

[19]             OJ L 140, 5.6.2009, pp. 16-62.

[20]             OJ L 358, 31.12.2002,
p. 59–80.

[21]             OJ L 167, 30/04/2004, pp. 1-38.

[22]             COM(2011) 244 final.

[23]             COM(2011) 571 final.

[24]             COM(2013) XXX.

[25]             COM(2010) 461 final.

[26]             OJ L 197, 21.07.2001.

[27]             OJ L 55, 28.2.2011, p. 13.

[28]             OJ L 55, 28/2/2011.

[29]             ABM: Activity-Based Management — ABB: Activity-Based
Budgeting.

[30]             As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.

[31]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html.

[32]             As referred to in Article 185 of the Financial
Regulation.

[33]             Diff. = Differentiated appropriations / Non-diff. =
Non-Differentiated Appropriations.

[34]             EFTA: European Free Trade Association.

[35]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[36]             Year N is the year in which implementation of the
proposal/initiative starts.

[37]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[38]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).

[39]             As described in section 1.4.2. ‘Specific
objective(s)...’.

[40]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[41]             CA= Contract Agent; INT= agency staff (‘Intérimaire’);
JED= ‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA=
Local Agent; SNE= Seconded National Expert.

[42]             Under the
ceiling for external personnel from operational
appropriations (former ‘BA’ lines).

[43]             Essentially for Structural Funds, European Agricultural
Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).

[44]             See points 19 and 24 of the Interinstitutional
Agreement.

[45]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25 % for collection costs.